2022 QCCQ 14360, 2022 QCCQ 14360

Protection de la jeunesse — 229059 2022 QCCQ 14360 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002667-217 DATE: July 29, 2022 (written judgment rendered on September 7, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2019 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review a decision rendered on July 14, 2021, regarding the child X, born on [...], 2019. At that date the Court declared the security and development endangered, entrusted the child to the kinship foster family of Ms. D and Mr.

C and authorized the reintegration of the child under the mother’s care if she is accepted at [Program A] and that she respects all the rules of the program, the whole until July 31, 2022. [ 2 ] The DYP submits that the situation of the child is no longer endangered under

section 38 (c), but continue to be under

section 38 (b) (1) iii. [ 3 ] The DYP also submits that the situation does not allow to return the child to her parents and asks that she be entrusted to a kinship foster family, namely Ms. D and Mr. C, until July 31, 2023. Position of the Parties [ 4 ] The mother is present and represented by Me Angèle Tommasel. She recognizes that the security and development of their child are still endangered under 38 (b) (1) iii and she agrees with the measures. [ 5 ] The father is absent, but represented by Me Cassandra Neptune.

He recognizes that the security and development of his child are still endangered under 38 (b) (1) iii and he agrees with the measures. [ 6 ] The child is 2 and a half years old. She is absent, but represented by Me Michaël Pereira. After taking acknowledge of the evidence and of the mother’s admissions, Me Pereira submits to the Court that the child’s situation continue to be endangered under 38 (b) (1) iii and that the recommended measures are in her best interest.

Facts and Analysis [ 7 ] Considering the absence of contestation, the parties file a draft agreement. [ 8 ] In this draft agreement, the parties admit the facts that justify maintaining of the declaration of endangerment under

section 38 (b) (1) iii [1] . The facts are the following: 3.1 Since the last Court hearing, the child remained under the care of her paternal grandparents, Mrs. D and Mr. C; 3.2 The child is doing well under the care of her paternal grandparents; 3.3 The mother still struggles with alcohol consumption issues;

3.4 Since the last Court hearing, the mother did not take any significant steps in order to address her alcohol consumption issues; 3.5 The father was recently released from prison; 3.6 The father currently lived in the same household than the child, at the paternal grandparents’ house; 3.7 The father has a history of alcohol consumption issues and violent behaviours; 3.8 Since his release from prison, the father would have reduced his alcohol consumption; 3.9 The parents have a history of conjugal violence issues, but would no longer be in relationship; 3.10 The parents are unable to provide a stable and safe environment to the child. [ 9 ] The parties agree with the following measures: 5.1 That the child be entrusted to a kinship foster family chosen by the institution operating a child and youth protection centre, namely Mrs.

C and Mr. D; 5.2 That the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; 5.3 That the child’s parents take an active

part in the application of any of the measures ordered by the tribunal; 5.4 That the child’s parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; 5.5 That a person working for an institution or body, provide aid, counselling or assistance to the child and the child’s family until July 31, 2023; 5.6 That the police collaborate to the execution of the enactment; The whole until : July 31, 2023 [ 10 ] After verifying that the content of the draft agreement had been clearly explained to the mother and that the consent had been given freely, the Court declares to agree with the measures and accepts to ratify it.

FOR THOSE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of the child X, born on [...], 2019, are still endangered under

section 38 (b) (1) iii; [ 13 ] DECLARES that the security and development of the child X, born on [...], 2019, are no longer endangered under

section 38 (c); [ 14 ] RATIFIES the draft agreement; [ 15 ] ORDERS the implementation of the following measures and ORDERS the parties to comply with those: • That the child be entrusted to a kinship foster family chosen by the institution operating a child and youth protection centre, namely Mrs. D and Mr. C; • That the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; • That the child’s parents take an active

part in the application of any of the measures ordered by the tribunal; • That the child’s parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; • That a person working for an institution or body, provide aid, counselling or assistance to the child and the child’s family until July 31, 2023; • That the police collaborate to the execution of the enactment; The whole until : July 31, 2023 [ 16 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgment a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgment to be subsequently delivered; [ 17 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Daphnée Drouin, attorney for the Director of Youth Protection Me Michaël Pereira, attorney for the child Me Angèle Tommasel, attorney for the mother Me Cassandra Neptune, attorney for the father Date of hearing: July 29, 2022